Last Updated: tuesday, January 10, 2023, 0312:00 PM (GMT-5) – V1.05

Description

These terms and conditions of use (the “Terms”) establish the conditions under which Banexcoin S.A. operates Hereinafter “Banexcoin”, https://www.banexcoin.com/, the “Site” or the “Platform”. The Customer from now on, must The Customer from now on, must read the Terms carefully and may not use the Platform unless he accepts them. The use of this website implies acceptance in the following Terms, regardless of the existence of any means of acceptance (including any click). If these Terms are not acceptable to you, you must stop accessing our website and using any service provided by our Platform; If you do not suspend such use, you will remain bound by these Terms.

The Platform allows its Customers to buy and sell Fiat Cryptoactive and Coins accepted by Banexcoin, through a mandate granted to Banexcoin for this purpose. It also allows Customers registered on the Platform (“Customers”) to transfer authorized Cryptoactive assets in Banexcoin and use them to buy or purchase products and services. Depending on the country of residence, Customers may not have access to all the Platform's functionalities. It is the responsibility of each Customer to guarantee the viability of carrying out transactions in cryptocurrencies in their jurisdiction.

By creating an account to use our Platform (“Banexcoin Account”) Customers accept and confirm:

1. That they have read and accepted these terms
2. That they have the full legal capacity to accept these Terms and to carry out transactions and transfers on the Platform
3. That they will provide reliable, real, complete and updated information to Banexcoin about their status
4. They understand the terms Digital Asset, Cryptocurrency or Cryptoactive which can be used to describe different kinds of Digital Currency mentioned in these Terms and that are listed in Banexcoin order books
5. That they have knowledge about the nature, legal situation and volatility of the value of cryptocurrencies and Bitcoin in particular, and that they fully assume the risk implied in conducting transactions with such crypto assets
6. That regulation (s) that prohibit (n) and/or restrict (n) the carrying out of transactions with cryptocurrencies in their jurisdiction of residence could be approved, being able to partially or totally affect the realization of these, so Banexcoin is exempt of responsibility for the consequences that may result from such measures, always following the provisions of the Internal Legal Order of the Republic of Peru
7. That they are responsible for determining if a specific Transaction is appropriate, taking into account their personal objectives, risk tolerance and financial capacity
8. That they are responsible for determining if a specific transaction is appropriate for them, based on the documentation presented to Banexcoin and that is related to their personal, patrimonial, economic and fiscal situation
9. That Banexcoin may require more information and/or documentation if deemed necessary, the Customer committing to supply it within the deadlines established by Banexcoin
10. That Banexcoin reserves the right, at its sole discretion, to modify these Terms at any time. Your continuity in the use of the Platform after notifying you of the changes will mean your full acceptance. Each Customer accepts that all subsequent transactions he makes will be subject to the current version of the aforementioned Terms
11. That under no circumstances may you make use of the services provided by Banexcoin unless you have accepted, or that it is considered to have accepted (through your access to the Website and the use of the Services) these Terms. Most likely, you clicked or click on a button that contains the words "Register", "Register" or a similar syntax. You must clearly understand that this has legal effect as in any contract or agreement of wills. Through the use of any part of our Website or the Services, including the Platform, the Customer understands and accepts that his use expresses his own and unconditional consent and will to these Terms.

Definitions

Address: In the world of cryptocurrencies it refers to the chain of numbers and letters that are normally produced from public and private keys and that we could define as the fingerprint of those keys. The address (for example: 1BviUTEYstWyuqTFn5Au4m4GFg7xJaNVL2) is a smaller version of the public key. The private key is the one that gives access to the cryptocurrency registered in the public and must, therefore, be kept secret. The public address is the “account” that we can share with the rest of the network to be sent to us by cryptocurrencies and it is the public address of another User that we use to indicate in a transaction the recipient of the funds we send.

Altcoin: Simplified construction of the words "alternative" and "coin". It could be translated as "alternative currency." The term Altcoin refers to cryptocurrencies that derive from the source code of Bitcoin or other known cryptocurrencies that, in some cases, are "forks" of Bitcoin.

Banexcoin Account: Once the Customer has accepted the Terms, provided the information and documentation requested to comply with Banexcoin policies and has received the corresponding approval to perform Transactions on the Platform, an account will be enabled (“Banexcoin Account”). The Banexcoin Account enables its holder to enter the Platform and through its associated virtual wallet (s), which one (s) will be subsequently enabled, it can carry out transactions in it, maintain balances in cryptocurrencies and other currencies, as well as make deposits and/or withdrawals in said purse; in case you want to materialize your cryptocurrencies in fiat, the conversion will go to the bank accounts of your ownership that you must have previously associated in the registration stage. To provide a balance to the virtual wallet, the Customer must transfer BTCs or any cryptocurrency authorized by the Platform to the public wallet associated with the Banexcoin Account, or funds to the Banexcoin bank account, a Banexcoin affiliate or a Banexcoin service provider regulated by the Superintendency of Banking, Insurance and AFP of the Republic of Peru, as indicated on the Platform from one or several bank accounts of its ownership always via bank transfer. Banexcoin does not use or dispose of such balances under any circumstances for purposes other than those detailed in the Terms.

Bitcoin / bitcoin (BTC): Bitcoin is generally used to refer to the network or protocol, and bitcoin (lowercase) to refer to monetary units. Bitcoin is characterized by being decentralized, it is not backed by any government or central bank, it is based on blockchain technology and its open source community.

Bitcoin Cash (BCH): Cryptocurrency that arises on August 1, 2017 as a result of the Bitcoin community's division around the scalability debate. From block 478.558, the new currency that adopts the name of Bitcoin Cash is created. From this hard fork of the Bitcoin chain, in the new chain they began to create blocks of 8 Mb in size instead of 1Mb of Bitcoin.

Blockchain: A distributed transactional database, consisting of block chains designed to prevent modification once a data has been published. This is achieved through peer-to-peer networks (P2P), with consensus generated through a work test algorithm (PoW) and by linking the cryptographically linked blocks with a reliable time stamp.

Chain Split: is a scenario in which there are two or more competing versions of blockchain that share the same track record to the point where their rule sets diverge. It could be caused by a Soft Fork or a Hard Fork made in a Blockchain or it could also be caused by an involuntary incompatibility between two different versions of full node software.

Cold Storage: Keep the cryptocurrency's private key in paper support or with specific hardware (such as Trezor or Ledger Nano).

Confirmation: Occurs when a blockchain transaction has already been processed by the network. Transactions in a blockchain receive confirmations once they have been included in a block, which in turn has already been connected to the next block in the chain. Ensuring the immutability of the transaction.

Cryptography: Encryption or coding techniques designed to alter the linguistic representations of certain messages in order to make them unintelligible to unauthorized recipients. One of recurring cryptographic algorithms when studying the Bitcoin protocol is SHA-256.

Cryptocurrency: A cryptocurrency (also called Cryptoactive or Digital Asset) is a digital medium of exchange that uses cryptography to secure financial transactions, control the creation of additional units and verify the transfer of assets, have no legal course, nor are they issued, nor They are guaranteed by no country or jurisdiction. To date, the BTC, as well as the other cryptocurrencies have not been recognized as currencies by various central banks / governments; they represent a high volatility asset whose fluctuations exceed those usual in traditional financial assets. Some examples of Cryptocurrencies are: Bitcoin (BTC), litecoin (LTC), ether (ETH).

Customer: Any person or entity with an account registered with Banexcoin. They are the persons or entities that have completed the registration and identification procedure in accordance with the requirements established for the verification levels of the Platform, as appropriate in accordance with their profile and make use of the services provided by it. Customers (natural persons) must have an identification document, be at least 18 years of age and be civilly capable to carry out exchange operations, deposits, withdrawals, etc. within the Platform.

Dash (formerly known as Darkcoin and XCoin): An open source peer-to-peer cryptocurrency that offers the same features of Bitcoin, but also has advanced features, including instant transactions (InstantSend), private transactions (PrivateSend), and decentralized governance (DGBB). Dash uses a two-tier architecture to boost your network. The first level consists of miners who secure the network and record the transactions in the blockchain. The second level consists of masternodes that enable advanced Dash features. Dash was initially released as XCoin (XCO) on January 18, 2014. On February 28, the name was changed to "Darkcoin." On March 25, 2015, Darkcoin was renamed "Dash." Dash is a word game for “Digital Cash” which in Spanish means “Digital Money”.

EOS: Native cryptocurrency of the EOS protocol: IO.

EOS.IO: It is a blockchain protocol that works as a smart contract platform and a decentralized operating system designed to support decentralized applications on an industrial scale (DApps). The platform can handle millions of transactions in a second, one of the characteristics of other similar platforms. The EOS.IO protocol emulates most of the attributes of a real computer, including hardware with computer resources distributed evenly among EOS cryptocurrency holders.

Ether (ETH): Unit of account or token of Ethereum. It is a necessary element, a fuel, to operate Ethereum. It is a form of payment made by the Customers of the platform to the machines that execute the requested operations. It is the incentive that ensures that developers write quality applications, and that the network stays healthy as people receive compensation for their resources.

Ethereum: Open source platform, decentralized and based on the blockchain model that allows the creation of smart contracts. It uses a PoW type consensus system, although it is in a development phase in which the PoS system is being tested. It uses a token called ether that allows the execution of smart contracts on your network using a Virtual Machine (Ethereum Virtual Machine or EVM) that works in a distributed way thanks to the contribution of the miners who are rewarded with ethers.

Exchange: It is a site that allows trading between different crypto assets and real currency (fiat). Exchanges are financial markets that allow under the principles of the free supply and demand of their customers to give economic value to the crypto assets that are managed or authorized within these sites. They can be simple intermediaries between common or institutional Customers, as well as provide more complex trading features.

Fiat currency: Legal tender money. Only central banks have the power to issue fiat money, but commercial banks can create it through loans. The Dollar, Euro and the Peruvian Sun are fiat currencies.

Fork (Fork): Situation in which a block chain is divided into two chains separated temporarily or permanently. It occurs when the source code of a project is taken and a new project is created from it with a new address. A hard fork occurs when a blockchain is divided into two incompatible separate chains, this is a consequence of the use of two sets of incompatible rules that attempt to govern the system. A soft fork is a change of rules that creates blocks recognized as valid by the previous software, that is, it is compatible with previous versions.

Hot Wallet: Wallet that is always connected to the blockchain. Stored currencies can be quickly exchanged with other members of the network or used for trading.

Litecoin (LTC): Litecoin was launched through an open source Customer on GitHub on October 7, 2011, it is a cryptocurrency supported by the P2P network and an open source software project published under the MIT license. Inspired and practically identical in its technical aspect to Bitcoin (BTC), the creation and transfer of Litecoin is based on an open source cryptographic protocol that is not managed by any central authority. Litecoin was thought to be an alternative electronic currency of Bitcoin and offers three main differences. First, the Litecoin network performs the processing of a block every 2.5 minutes instead of every 10 minutes, which allows faster confirmation of transactions. Second, the Litecoin network will produce approximately 4 times more units than Bitcoin or about 84 million Litecoins. Third, Litecoin uses the scrypt function in its proof of work algorithm: a sequential hard memory function first conceived by Colin Percival, facilitating mining, since it does not need sophisticated equipment as in the case of Bitcoin. Each litecoin is divided into 100,000,000 smaller units, defined by eight decimals.

Mandator: The Customer requesting the purchase or sale of any currency or cryptocurrency to the Platform, in accordance with these Terms.

Order: Refers to the form or type of instruction in which the exchange operation in Banexcoin will be executed, the following types of orders are handled:

              Market: Applies only to market, purchase or sale orders at the best available price.

Limit: applies to limit orders, buy or sell a set amount at a specific price or better (there is often a time limit).

            StopMarket: Applies to purchase or sale orders only when an instrument reaches a set price.  At the established price, the order becomes a market order.

StopLimit: Applies to purchase or sale orders only when an instrument reaches a set price. At the established price, the order becomes a limited order to buy or sell at the limit price or better.

TrailingStopMarket: Applies to orders that establish the stop price of an instrument at a price with a fixed compensation in relation to the market price. If the market moves and the stop price is reached, the order becomes a market order.

TrailingStopLimit: Applies to orders that recalculate the detention price of an instrument in a fixed displacement in relation to the market price. The limit price is recalculated based on a different fixed compensation. If the market reaches the stop price, the order becomes a limit order.

               Block Trade: An operation executed privately at a negotiated price.

OTC: By its acronym in Over-The-Counter, it refers to an operation that is not performed in a formal stock exchange. Instead, most OTC operations are performed between two parties, and are often carried out through a formal market. OTC trading is less regulated than stock trades, which creates a series of opportunities, as well as some risks that its participants must be aware of.

Platform: Refers to the technical, functional and organizational structure managed by Banexcoin S.A. which allows Customers to make purchases and sales of cryptocurrencies and fiat currencies managed in the Exchange through a mandate granted to Banexcoin, as well as transfers to third parties and the realization of collections and payments.

Price per Currency: It is the 'Price per Currency' displayed at all times by the Platform for 1 (one) BTC or those cryptocurrencies authorized by the Platform and that reflects the amount for which a unit of them can be acquired or sold at time to perform any transaction. The Price Per Currency is expressed in the currencies supported by the Platform.

Ripple: It is a project based on free software that pursues the development of a credit system based on the end-to-end paradigm. Each Ripple node functions as a local exchange system, so that the entire system forms a decentralized mutual bank. Taken to the extreme, the Ripple network is a distributed social network service based on honor and trust among people in real-world social networks. In this way, financial capital is based on social capital. A reduced version of the Ripple network would consist of an extension of the existing hierarchical banking system, in which there would be alternative payment routes that would not pass through a central bank. Technically speaking, Ripple is the network and XRP is the money or currency in that network; however, they generally refer to XRP as Ripple. This is not completely correct, but in general it does not cause any confusion.

Stablecoin: Stablecoins are cryptocurrencies designed to minimize price volatility in relation to some "stable" asset or basket of assets. A Stablecoin can link to a fiat currency, or to exchange traded products (such as precious metals or industrial metals). Stable ones backed by fiat currencies or products are said to be centralized, while those that use other cryptocurrencies are considered decentralized.

Tether (USDT): Cryptocurrency launched in 2014 by Tether Limited, Tether, a token that uses Bitcoin blockchain infrastructure and promises to back its own digital tokens, called Tethers with US dollars in a reserve bank account. Where a Tether equals one US dollar, which is why it is considered a stablecoin. While the value of Tether tokens is linked to the US dollar, some exchanges do not offer direct USD / USDT pairings, and you will have to use bitcoin or another cryptocurrency to trade with Tether.

Token: Unit of value. Digital asset housed in a blockchain that allows its owner to attribute it to a third party through the blockchain. It allows in its configuration several layers of value, which makes it a kind of digital trunk in which, according to its programming, one or several rights can be included.

Transaction: It is the transaction of purchase or sale of BTCs or any other cryptocurrency authorized by Banexcoin and carried out through the Platform in compliance with the mandate granted by a Customer, in the currencies supported on the Platform and at the price indicated at the time when the Transaction is agreed ("Transaction Price"). Also included is the transfer of cryptocurrencies from the Customer's account for the acquisition of goods or services.

USD Coin (USDC): Cryptocurrency that enters the group of so-called Stablecoin since its value is anchored to that of a US dollar because Center, the mercantile company that mints USDC, collectively deposits one dollar for each USDC, these Funds are deposited in a special bank account that is constantly monitored and audited, is an Ethereum token and each USD Coin is divisible up to 0.000001 with value.

Wallet: Software that stores the private keys that are needed to access the cryptocurrencies registered at an address or public key. There are several types of purses depending on the way the private key is stored. Some use the Exchanges as online purses and others use physical purses (Trezor, Ledger Nano, paper), the latter being the safest. In any of its forms, if the private key is lost, the money is lost.

XRP: It is an independent digital asset native to the Ripple Consensus Ledger. It was built for business use, especially in banks and payment providers, XRP offers a reliable and on demand option to obtain liquidity for cross-border payments. It is a distributed, scalable and very stable open source technology.

Your Banexcoin Account

Each Customer will complete the data and send all the documentation and information requested by Banexcoin through the channels that it has provided for such purposes, in application of our “Know Your Customer” (KYC) policy, in order to register your Banexcoin Account. As long as this happens, it cannot operate on the Platform. Once your registration is approved, Customers are responsible for maintaining the confidentiality of their Banexcoin Account information, including their password or password, virtual wallet (s) and Transactions. Customers will be solely responsible for any act performed through the Platform through the use of their Banexcoin Account. Customers should not attempt to gain unauthorized access to the Site, and any attempt to do so or to assist others (Customers or third parties) to do so, or support the distribution of instructions, software or tools for such purpose, will result in cancellation or closure. of the accounts of said Customers, Banexcoin reserving the power to initiate all legal actions that by right may correspond. Customers undertake to provide reliable, real, complete and up-to-date information and documentation to Banexcoin, when required, either in the registration process, as well as throughout the business relationship; and keep said information and documentation updated; In case of default, Banexcoin reserves the right to cancel or close your account.

At the moment of being considered as a natural person Customer, you declare that you are acting on your own account and not by order or third party account, under any circumstances; It also recognizes, in accordance with the Terms established herein, that it is prohibited for another person (natural or legal) to use your Banexcoin Account or act on behalf of any third party, being solely responsible for the Transactions that have been executed. With respect to the legal entity Customer, the legal representative declares that all Transactions that have been executed have a direct relationship with the corporate purpose or economic activity indicated in the documentation presented by it in the registration and acceptance process. Likewise, it recognizes that if it is detected that a Customer (natural or legal) is violating the provisions of this section, it will be subject to a process of review, report and suspension of its operations. Banexcoin reserves the right to cancel your account and you will have the right to initiate against it any corresponding action, as provided by any of the legal provisions applicable to it.

Customers (Natural or Legal Person) can only have a single Banexcoin Account at a given time, and cannot create or use accounts other than their own. The creation and use of infringing Banexcoin Accounts may result in the immediate suspension and/or closure of the Customer's Banexcoin Account, and their pending Transactions.

Banexcoin may require additional information from a Customer when it deems it necessary in order to comply with the policies of Prevention of Money Laundering and Financing of Terrorism (AML), Source of Funds, Customer Knowledge (KYC) or similar. In certain cases, the translation, certification, legalization of certain documents, including Apostilles, may be required.

Customers must provide the data of a bank account, and prove that it is their property in accordance with the requirements established for such purposes by Banexcoin, with which they will operate on the Platform. Transfers to your virtual wallets managed through your Banexcoin Account will not be accepted if the funds do not come from the bank account provided by the Customer. In the event that a transfer made by a third party is identified on behalf of a Customer, Banexcoin reserves the right to return said transfer and initiate any action it deems appropriate, in accordance with applicable law.

To dispose of the funds in fiat money, in whole or in part, that it maintains in its virtual wallet, the Customer must request a transfer to his bank account through the Platform, which will be executed at most within the two (2) bank business days following your request. Under no circumstances will funds be transferred from your managed virtual wallets through your Banexcoin Account, without any instruction from the Customer through the Platform. Banexcoin reserves the right to limit the jurisdictions for which bank accounts are accepted, and/or reject the bank account proposed by the Customer.

Banexcoin Accounts, purses and/or Transactions may be suspended until these Terms and regulations applicable in Peru are satisfactorily fulfilled. Banexcoin may require additional information at any time in compliance with any applicable policy, law or regulation. Banexcoin Accounts must be used strictly for the purposes defined in these Terms. All notifications made to the email address indicated by the Customer at the time of the request to open the account will be valid and binding; as well as those sent to the address indicated by the Customer in his Banexcoin Account.

Mandate for the purchase of Cryptocurrencies

1. The Customer grants express mandate to Banexcoin so that it acquires BTC or any other authorized cryptocurrency through its Platform on behalf of the Customer, under the conditions indicated in these Terms. It is understood that the rights and obligations derived from it will be the sole responsibility of the Customer or principal.
2. The execution of the mandate by Banexcoin is conditioned to: 

1) The existence of a balance in favor of the Principal in its virtual wallet managed through its Banexcoin Account; and 

2) The execution instruction placed by the Customer on the Platform, indicating the amount of Crypto assets authorized to acquire or sell, the amount and Transaction Price.

1. Once the funds in the Banexcoin bank account have been accredited through our duly supervised entity and after the corresponding expenses, bank commissions and/or taxes have been debited in accordance with the rates and commissions table established by Banexcoin, we will carry out The greatest efforts to enable them in your virtual wallet managed through your Banexcoin Account, it is estimated that such accreditation will be made at most the next bank business day. Banexcoin will send an email notification to the Customer at the time of accreditation and availability in their virtual wallet managed through their Banexcoin Account.
2. From the moment that balances are arranged in the virtual wallet managed through the Banexcoin Account, the Customer may issue instructions for the purchase or sale of cryptocurrencies or fiat currencies through the Platform.
3. Any instruction given will be irrevocable and generates binding and enforceable obligations for the Principal and Banexcoin. Each transaction will have a charge or commission that will be informed before 
4. making the same which will be deducted from your virtual wallet managed through your Banexcoin Account. The commissions charged by the Blockchain network of each cryptocurrency which is variable and does not depend on Banexcoin will be included in the commission charged by Banexcoin
5. All crypto assets enabled by the Platform, acquired as planned in the Terms, they will be credited in your virtual wallet managed through your Banexcoin Account. Once accredited, Banexcoin will have fully complied with its obligations in relation to such transaction. The conservation and management of the wallet and its balances is at all times the exclusive responsibility of the Customer. In the same way, in the event that the Customer sells BTC or any of the crypto assets authorized through our Platform, the product of said sale will be enabled in its virtual wallet managed through its Banexcoin Account, after deducting the applicable charges and commissions according to Banexcoin fees and commissions table or by express notification to the Customer

Operating Rules and Platform Obligations

Customers accept and acknowledge that Banexcoin does not guarantee the execution of all their subscribed orders and is not responsible for technical or regulatory issues outside the Platform, such as: communication failures between the Customer's Internet access provider to the network global and/or the Platform. The Platform does not provide advice or advice regarding legality, taxes, insurance or investments, even regarding Transactions carried out on the Platform.

All purchase or immediate sale orders are executed instantly by a direct purchase at the best available sale offer or a sale at the best available purchase offer; the other purchase or sale orders are executed when a complementary offer is tied. We do not guarantee that your order will be completed even if the market price is equal to the amount offered in your order, which the Customer acknowledges and accepts.

Orders may be subject to delays, setbacks and/or conditions that may affect the transmission or execution thereof. Banexcoin has no control over hardware, software, electronics or market congestion failures, so, in these cases, we are not responsible for delays, difficulties or conditions that negatively affect the transmission or execution of orders, or from the consequences that could be derived from them, what the Customer acknowledges and accepts.

We reserve the right, without being obliged, to implement mechanisms so that all purchase or sale orders pass through automated systems to facilitate compliance work. If your order is in any of the assumptions from which alerts, checks or if it meets certain defined criteria are generated, it may require manual review and approval. Banexcoin will handle the manual authorizations as soon as possible, but we are not responsible for any delays that may occur, or for any losses or property damage that could be generated.

Banexcoin is not responsible for the operation and the underlying protocols related to the Cryptoactive networks listed on the Platform and, therefore, their functionality or availability is not guaranteed. In the event that any modification to the protocol is presented (such as a “chain split”, hard fork or any other significant change to the protocol and/or its consensus rules), the Customer accepts that Banexcoin may temporarily suspend operations (with or without prior notice) in order to make the appropriate adjustments either by maintenance (preventive or corrective) or optimization of some tool or new integration the time that deems necessary and reserves the right to change the configuration of the systems of the Platform, as well as decide not to support one of the chains of the protocol that has changed. The Customer acknowledges and accepts that we assume absolutely no responsibility with respect to an unsupported branch of a protocol that has submitted changes.

In the event that important changes have been made to the protocols and/or consensus rules of a certain Cryptoactive, a Soft Fork, Hard Fork, Chain Split, Banexcoin will be carried out to take any of the following actions:

1. In case Banexcoin decides to support both versions of the protocol, we will try to maintain the availability of both Crypto assets, which are called "split tokens”.
2. In the event that Banexcoin decides not to support any of the protocol chains or any of the protocols, Banexcoin assumes no responsibility or obligation to maintain the availability of the Crypto assets of the chain that the Platform has decided not to support.
3. In any case, it is possible that Banexcoin decides not to support any of the versions of any chain or protocol. This decision may be temporary or permanent.

In any of the above cases, Banexcoin reserves the right, by publishing on its website or notifications, a communication with the specific description of the measures that will be taken on a case-by-case basis, and must notify the Customer so that he may decide whether to maintain or withdraw its balances in Cryptoactive, being that Banexcoin will seek the best interest towards the Customer due to the destination and availability of its crypto assets.

Obligations of Customers

Customers declare and guarantee that they will only use the Platform to carry out Transactions in accordance with the conditions detailed in these Terms and that they have the legal capacity to perform them. The Customer guarantees that any amount deposited in his virtual wallet managed through his Banexcoin account, comes from legitimate sources and that any Transaction and transfer to his bank account made will be lawful.

Customers guarantee that they will not use the Platform to carry out illegal activities of any kind, including, but not limited to, money laundering and terrorist financing; fraud, scams and any type of fraud or illicit recognized as such by the applicable legislation in Peru. They also accept that they will not use the Platform in an improper way that implies in some way reducing its performance and operational capacity.

It is the obligation of the Customers to comply with the security policies and recommendations established by the Platform in its Support> Security section to guarantee the integrity of their crypto assets. For more information refer to: Support/Security. In the event that the Customer decides to install a 2FA application on any device (for example, phone or tablet), he does so at his own risk and risk. Banexcoin cannot be responsible for the leakage or loss of either information or funds, derived from the use of a 2FA application on a device whose operating system has been altered, for example, Jailbreak (iOS) or Root (Android) or other kind.

The process of recovering credentials for access to a Banexcoin Account will only be carried out through the procedures that Banexcoin has designated for it, taking into account the highest security standards. This process can only be initiated by the Customer and will never come from Banexcoin. Banexcoin will never ask, under any circumstance, any Customer either by email or by telephone, to reveal the access credentials to their Banexcoin Account. The Customer must never provide their access credentials to another person. Banexcoin, however, may have access to the Customer in the cases and circumstances provided in these Terms.

Banexcoin understands as valid all Transactions made by the Customer after logging into his account, for example, in an enunciative manner but not limited to purchase or sale orders, transfers or any use of the services. Through these Terms, you accept that you are responsible, and are liable, without any liability for Banexcoin, to payment or delivery, as well as to charges or losses that may arise as a result of, or in connection with an order or transfer made in Banexcoin, through the use of login credentials, as well as authentication processes, associated with the Customer's own account. By the mere fact of accessing the Banexcoin Site and ordering or celebrating any operation in terms of it (even if a third party makes inappropriate use of our Platform on behalf of the Customer), the Customer will respond for the obligations that are attributable to him or those incurred, on the merit of these Terms. The Customer undertakes to respond, with all its assets, to any of its obligations in these Terms.

It is then the Customer's responsibility to notify Banexcoin if they believe or suspect that their Banexcoin Account or their credentials may have been compromised, or if a third party is acting on their own, for which they must inform them by email: [email protected]. In addition, the Customer undertakes to adopt all necessary or convenient measures requested by Banexcoin in relation to any of the aforementioned behaviors.

Tariffs and Commissions

The consideration in favor of Banexcoin is established based on a percentage of any Transaction or a fixed amount according to the withdrawal made by the Customer through the Platform, values that will be informed by the Platform before executing any Transaction or transfer. It accrues on each Transaction or Transfer and is debited from your virtual wallet managed through your Banexcoin Account automatically. Transactions or withdrawals will not be carried out if there is not enough balance for it to pay the consideration to Banexcoin and the expenses associated with such operations. In the event that the Customer requests an electronic invoice, it will be sent to the email address that he registered in his Banexcoin account. To see the details of the commissions, please visit the Rates and Commissions section at https://soporte.banexcoin.com/.

Banexcoin informs you that the funds are the property of the Customers that publish their purchase or sale orders and the exchanged funds resulting from a purchase or sale operation go directly to the Customers. Banexcoin only obtains resources from the collection of commissions for the provision of its services in the realization of the Transactions, which includes, but is not limited to, each successful order of sale or purchase. Therefore, Banexcoin can only provide you with a tax receipt for the amount charged for commissions, as set out in these Terms and in the Fees and Commissions section of the Platform mentioned above. Banexcoin may modify the price of commissions to be collected, complying with informing those aspects through the link mentioned in the preceding paragraph. In case of disagreement, Customers may disconnect from the Banexcoin Platform, having to previously cancel any debt they have against Banexcoin.

The Platform has a classification of its Customers according to the Level of Verification that they have, such information is shown at Support/Levels, which determines the limits as well as the respective commissions that they have to operate their assets within the Platform, for this the Customer accepts this classification system and must provide through the Platform the required documentation according to the level to which they wish to apply. Said information will be processed and analyzed by the respective Department or Unit using the means that Banexcoin deems appropriate, even using tools of analysis of companies or entities external to Banexcoin.

Banexcoin is not responsible for transfers of funds made by the Customer to addresses of crypto assets not supported by the Platform, incompatible or with errors, regardless of whether they were deposits or withdrawals in any of the crypto assets as well as fiat currencies authorized by the Platform and it will be the Customer's responsibility to provide it with accurate, accurate and true information regarding any activity that it performs within it.

Compliance with applicable regulations

Banexcoin and all of its affiliates related to any transaction will enforce any current or future regulations applicable to them, including but not limited to, any obligation to report certain operations to the financial control authorities (OFAC), prevention and control of money laundering of assets or the financing of terrorism, tax agencies, among others, providing all the information and/or documentation required by these agencies.  In the same way, Banexcoin will submit to compliance with any tax liability in your charge related to transactions, including but not limited to the obligation to make retentions if applicable.  The Customer is solely responsible for giving compliance with their own tax obligations in relation to transactions and the Banexcoin Account. The Customer assumes full responsibility to comply with all tax liability in relation to Banking transfers from or to his own account, as well as the legality of the transfer requested and guarantee to Banexcoin that there is not required to make any retention on them.

As a policy of Banexcoin in the prevention of the laundering of assets and the financing of terrorism, transactions and/or cash operations will not be accepted; as well as will not accept bill of exchange and/or transfers from third parties.   All transactions, without exception, will be made when the funds are issued and/or transferred to the account of Banexcoin from a bank account whose ownership corresponds to the Customer and coincides with the registered in Banexcoin (must be the same person). Also, partial or total withdrawals will be completed only when there is an instruction on the part of the Customer, and the balances involved will be transferred, without exception to accounts whose ownership corresponds to the Customer.

In case of detecting operations that could correspond to an arbitration activity Banexcoin reserves the right to request additional information and/or documentation the Customer with respect to the counterparties with which he is operating; Amounts Involved in transactions, or others; may determine the closure of the Banexcoin account.

Banexcoin reserves the right not to attend a certain transaction when it is not in accordance with the knowledge of the Customer, established based on its transactional profile, taking into account statistics of its operations as well as its personal, patrimonial, economic situation and/or fiscal; based on the information and documentation that the Customer has provided; and/or when the completion of said transaction could violate any legal, tax, and/or any particular procedure. In the event of such circumstance, Banexcoin will return the funds that it has received in its bank accounts by the Customer, to the bank account originating them, discounting the taxes, bank charges and/or commissions that may be applied, which are indicated in the link referred to in the "Fees and Commissions" section.

Responsibility

Customers declare and guarantee that they are the legitimate owners of the funds that they deliver and/or receive in relation to the Transactions and that they are allowed to use all the amounts deposited in their virtual wallet managed through their Banexcoin Account; Likewise, that the Transactions ordered and/or served do not infringe the rights of third parties or the laws applicable in Peru. In that sense, the Customers must indemnify for the damages suffered and all the actions of responsibility taken against Banexcoin, originated in the infringement of third party rights and/or the applicable laws by the Customer, authorizing Banexcoin to immobilize the funds of your virtual wallet (s) managed through your Banexcoin Account until the situation so resolved is resolved, and eventually use these funds to compensate for damages caused once the damage has been determined and in peremptory time, at the discretion of Banexcoin and in favor of the Customer.

Banexcoin cannot be held liable for any failure in its operation, cessation of service, delay or interruption due to Internet connections, or if for any reason the Site is out of service at any time and for any period of time. In cases where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not have control over the contents of these sites and resources, and we do not accept responsibility for them or for the losses and damages that may occur to the Customer as a result of their access to them. In case of suspicion of the existence of a crime, Banexcoin may report all necessary information, including names, addresses and all required information, to the relevant authorities investigating the financial crime and/or violations of the law. Customers acknowledge that their Banexcoin Account may be suspended, disabled, blocked, and/or closed at any time, at the request of the competent authorities. Nothing in these Terms excludes or limits the liability of Customers for fraud or damage to persons caused by their negligence, violation of the terms of service implied by current laws, or any other liability that is not limited or excluded by law in Peru.

If you are looking for information or intend to carry out any illegal or fraudulent financial activity, we urge you to leave this Site immediately and refrain from using the Services provided by Banexcoin. You hereby acknowledge and agree that you are aware of the legality of the use of our services in your jurisdiction and that you will not use the services provided by Banexcoin, if such use is prohibited or if you violate the laws of your state or locality, country or another jurisdiction in which it is located.

Limitation of Liability

Customers state that they know the nature, origin and volatility of cryptocurrencies. In particular, but not limited to it, Customers state that the cryptocurrencies have not been recognized as legal tender currencies or means of payment by various monetary authorities, that the legal treatment of Bitcoins or other cryptoactive differs in different jurisdictions, and that Nothing ensures that in the future this situation changes favorably. Customers also state that they know the mechanisms for generating cryptocurrencies, and that they do not have the support of any sovereign monetary authority or tangible securities. Customers also express their knowledge about the extreme volatility of cryptocurrencies in general, and that the Platform has not made any kind of promise or manifestation about the evolution or performance of said assets.

By virtue of the foregoing, Customers fully assume the risk of operating with Bitcoins or any type of currency (Crypto or Fiat) through Banexcoin, releasing it, as well as its operators and holders of any responsibility or consequence arising from it.

The Customer acknowledges that all Transactions within the Platform are carried out solely by himself and in accordance with the provisions of these Terms, without this receiving any advice, guidance or guidance from Banexcoin.

In line with the foregoing, Banexcoin will not have any responsibility and in no case be responsible for the decisions or actions taken by the Customer while using the Services or performing Transactions within the Platform. In no case shall the operation on the Platform be considered to create an investment advisory relationship with the Customer. All Banexcoin employees are prohibited from giving investment advice or purchase of crypto assets. Any operation that the Customer performs on the Platform is his sole responsibility.

Financial Regulation and Self-Regulation

Banexcoin and its Platform do not provide financial services or operations related to financial activity, or entities of the financial sector. Banexcoin and its Platform are aimed at facilitating registered Customers, buying and selling Crypto assets and fiat currency. The Platform, the Services and their use may not be subject to any financial regulation, as Crypto assets may not be a financial asset, or value, in the country where the Customer operates. However, all operations or deposits are subject to applicable laws, regulations and standards, which may at any time regulate the use, transfer and/or exchange of Cryptoactive and its operation in Banexcoin.

the Banexcoin Account is not a bank account per se and is not a financial or credit institution, therefore, the delivery of funds from Customers in the form However, they do not generate any interest and the Services provided on the Platform will not pay interest for the funds used to purchase any authorized Digital Asset within it. All of its operations with Banexcoin are subject to the applicable laws, regulations and regulations that may regulate the use, transfer, exchange, of Cryptoactives and their operation on the Platform.

Customers' Fiat money paid by them to their virtual wallet managed through their Banexcoin Account, are kept in independent bank accounts or segregated to the commercial or administrative operation of Banexcoin through a regulated entity and are not used in any operation of financial intermediation. Banexcoin maintains bank accounts in first-order banks; however, it is not responsible for any event or circumstance that affects any of the institutions in which it maintains the resources of the Customers. Customers acknowledge and agree that Banexcoin is not responsible for any event or circumstance that affects any of the institutions in which it maintains Customer resources.

Notwithstanding the foregoing, in favor of transparency and the proper functioning of the Platform, Banexcoin has a compliance officer in each of the jurisdictions in which it has its headquarters, in addition to strict self-regulation rules.

Termination

These Terms may be terminated without cause from Banexcoin. Said termination will be effective when published on the Site or informed via email to the Customer. The termination will not affect the obligations and/or rights of any of the parties established therein and that have occurred prior to the notice of termination, nor the transactions and obligations arising therefrom and the rights concluded before the termination is effective. Upon notification, the Customer may request a refund.

If they wish to terminate their contract with Banexcoin, Customers may order the closure of their Banexcoin account at any time; To do this you must notify your intention to close expressly to the email [email protected]. The account will be canceled once: (i) the Customer has paid or does not have pending purchase or sale orders, (ii) that he has completed all the operations that he had acquired that could not be canceled, (iii) that the Customer has withdrawn All of your Banexcoin Account funds.

Customers agree that Banexcoin may terminate prior notice of Customers' access to the Site and its Account, including but not limited to: limit access, suspend or terminate Customer service and accounts, prohibit access to the Platform and its content, services and tools, delay or remove content hosted on the site, and take technical and legal measures to keep Customers off the Site if they believe they are generating conflict or possible legal responsibilities, infringing intellectual property from third parties, or acting in detriment of the provisions of the letter and with intent in these Terms. In addition, Banexcoin may, at its sole discretion, suspend or terminate Customers and their respective accounts for any reason and at any time, and without having to explain the cause of said decision. They will be taken as grounds for suspension, leave Causes for suspension, withdrawal of Customers and/or closing of their respective accounts, the circumstances that are set forth as follows:

1. Attempts to obtain unauthorized access to the Platform or the account of another Customer, or to provide assistance to others who attempt to do so.
2. Affect or attempt to affect the security functionality of the Platform.
3. Use of the Platform to carry out allegedly illegal activities such as money laundering, terrorist financing, any type of fraud or other criminal activities.
4. If there is any doubt, suspicion of money laundering or conflict over the legality or legitimacy of the origin of the funds, securities or assets deposited in the virtual wallet managed through the Customer's Banexcoin account.
5. If, while maintaining the contract, the breach of any legal provision implies, especially those related to money laundering or terrorist financing policies.
6. Provide, before or during the commercial relationship, information or data that is inaccurate, incomplete, false, inconsistent or not to provide, when required by Banexcoin in relation to the Customer and the Transactions made through the Platform.
7. Violation of these Terms.
8. Failure to pay or fraudulent payment for any Transaction.
9. Unexpected operational difficulties.
10. Orders by law enforcement agencies or other government agencies.

Banexcoin also reserves the right to cancel accounts that have been inactive for periods of 6 months or more, or to modify or discontinue the Platform. Customers accept that Banexcoin will not be liable to them or third parties for the suspension of their account or access to the Site.

In the event that Banexcoin decides to cancel the account, it will notify the Customer of said decision. The notification will be made to the email box that the Customer has registered at the time of requesting the opening of the Banexcoin account. In the event that this occurs, and if the Customer has a balance in his favor in his virtual wallet, Banexcoin will notify within ten (10) continuous days for purposes of providing us with an Account and Bank number in order to be The corresponding balance has been transferred, as long as there is no impediment and/or judicial measure that provides it. The data you provide must correspond without exception to an account of your ownership. If the Customer has Bitcoins or any other authorized cryptocurrency in his virtual wallet, he must inform the email box: [email protected] within ten (10) continuous days, the provision of a valid and operational BTC wallet or of the cryptoactive of which it presents balance at the time of closing its Banexcoin account so that the balances that were on the platform at that date are transferred to it. In the event that the Customer does not provide such information, the balance of his virtual wallet will be sent to the bank accounts associated with his Banexcoin Account; in case you keep BTC and/or crypto assets, these will be converted in the type of currency you have registered in our platform, if you keep accounts with two types of currencies, it will be converted to US dollars. Even when an account has been suspended for any reason, the Customer must pay the orders that were previously due to the date of suspension.

Whatever the closing method of the Banexcoin account, the respective charges will be applied in the virtual wallet associated with your Banexcoin account, at the time of transfer of the balances in any type of asset.

Data Privacy

When the Customer opens a Banexcoin Account, he must provide his personal data. The personal information that you provide to the Site will not be disclosed or transferred to third parties, unless it is necessary to comply with the laws, regulations in force, the realization of the Transactions or the verification of identity through specialized companies to perform said process.

The Customer will read the Privacy Policy at the end of this document, being the same integral part of the Terms that the Customer accepts when making use of the Site.

Cookies Usage

We may use cookies to support a Customer experience without conflict. This cookie is kept on the computer after closing the browser and may be used by the same in subsequent visits to our website. We may also use cookies to better understand how to interact with our websites and services and to improve our services in general. The Customer will read the Cookies Policy found on the Banexcoin homepage, being the same integral part of the terms and conditions that the Customer accepts when making use of the site.

Property Rights

All the contents of the Site, including, but not limited to: text, names, data, logos, buttons, icons, code, methods, techniques, models, graphics and the software used, are the exclusive property of Banexcoin and its affiliates and are protected for patents, copyrights, trademarks, and other applicable legal institutes.

Banexcoin informs the Customer that the Cryptoactive addresses (Wallets), which are provided by the Platform as a Customer of a Banexcoin Account, are owned by Banexcoin and cannot be used as their own once their relationship with Banexcoin ends, taking into account that it is not possible for Banexcoin to determine the ownership of the funds that are deposited in these addresses once they are no longer associated with a specific Customer.

 Force Majeure

Banexcoin will not be responsible for any delay or failure in the performance of these Terms caused in whole or in part by fire, strike, flood, embargo, labor dispute, delay or failure of any subcontract, sabotage act, riots, war or riots that interrupt the technological activity, accident, operator or Customer delay, Internet outages, voluntary or mandatory compliance with any governmental act, regulation or request, fortuitous event or force majeure, or any act or omission or other cause beyond Banexcoin control.

In case of force majeure, the responsibility of the affected party will be suspended until the resolution of said event. If a competent judicial authority considers any of the clauses of these Terms unenforceable, it must be applied to the maximum permissible extent, and all other provisions will remain unchanged.

Exempted Customers of the Banexcoin Platform

As part of its institutional policy, Banexcoin has established that due to tax issues in each country, general sanctions to some countries or specific to persons or entities imposed by international organizations against the fight against money laundering and terrorist financing (issued by OFAC, UN, European Union or other equivalent organizations), does not accept as customers: 

Persons with respect to whom there is knowledge of their connection to money laundering, terrorism, drug trafficking, corruption, organized crime or other crimes that generate illicit income. 

People with economic activities that do not allow the legitimacy of these to be established. 

US citizens, regardless of their current country of residence 

Citizens of Cuba, Crimea, Sevastopol, Donetsk and Luhansk, Iran, Iraq, Syria, North Korea, Afghanistan, Belarus, Burma, Central African Republic, Democratic Republic of the Congo, South Sudan, Thailand, Bangladesh, Morocco, Vietnam, Tajikistan, Yemen, Lebanon, Libya, Nigeria, Pakistan, Sudan and Zimbabwe 

Casinos, gambling and/or betting establishments, exchange offices, money transmitters and other similar entities that are not officially authorized.

Customer Link

The Customer accepts that Banexcoin will take as its primary contact address, the email address with which it has registered on the Platform. Your email address will be the route through which you will receive notices related to your access to Banexcoin and its Services. We may also use this email address for other communications, including notices regarding these Terms and Transactions. To ensure that you receive all our communications, you agree to keep your email address permanently updated and notify us immediately if there is any change.

Banexcoin will not be liable, under any circumstances, if you send any notification to the registered email address, and you do not receive it. The delivery of any notification to the registered email address will be considered valid and binding, however, you have not received it. If any email is returned as impossible to deliver, we reserve the right to block access to our website until you provide and confirm a new email address.

If you have any questions related to these Terms, your rights and obligations arising from them and your use of the Site and the Platform, your Account or any other particular, please contact: [email protected]

Dispute resolution

The Customer and Banexcoin agree that any dispute, difference or claim (a “Conflict”) between the parties that is generated by reason of the application, interpretation, celebration, execution, resolution, effectiveness, validity, nullity or other related matter, direct or Indirectly to these Terms or to the legal acts that, because of this document, are executed and / or executed, it will be resolved directly by Banexcoin and the Customer, for which purpose they undertake to make their best efforts to give a harmonious solution to the Conflict based to the rules of good faith and following the common intention expressed in these Terms. If the Conflict is maintained after a period of 30 days has elapsed from the date on which one of the parties receives a communication from the other informing them of its existence, the Customer and Banexcoin agree to establish that the Conflict will be resolved. by arbitration of law, in accordance with the Arbitration Regulations of the Arbitration Center of the Chamber of Commerce of Lima, to whose rules, administration and decision the parties submit unconditionally, declaring to know and accept them in their entirety. Likewise, they agree to establish as a place of arbitration, the city of Lima, Peru and the language will be Spanish.

The decision of the arbitral tribunal shall be final and binding on the parties and shall not be subject to judicial review. The award issued as a result of the arbitration process will be fully effective. Such effectiveness shall not be subject to subsequent judicial decisions.

Privacy Policy 

Banexcoin SA (or simply, “Banexcoin”) with RUC No. 20603726139, domiciled at Av. José Pardo No. 434 Office 401, Miraflores, Lima, Peru, makes available to customers (or simply, “ You") this Privacy Policy (or simply, "Policy"), in accordance with Law No. 29733, Personal Data Protection Law and its Regulations, approved by Supreme Decree No. 003-2013-JUS (together “Personal Data Regulation”). 

In this document, you will be able to find, among other aspects, information about the personal data that we will collect, the purposes for which its treatment is carried out (collection, registration, storage, conservation, consultation, use, among other activities), those in charge of carrying out said activities, the time that personal data will be stored in our personal data bank, the security measures implemented, as well as the procedure provided for customers to exercise their rights as holders of personal data. 

What is meant by personal data?

Personal data is understood as all information about a natural person that identifies or makes it identifiable through means that can be reasonably used.

What personal data do we collect?

Banexcoin, through the website, collects from  customers the data detailed below:   

• Of an identifying nature: names and surnames, number of national identity document or unique taxpayer registration number, passport number, immigration card number, home address, telephone, email address, image, voice, signature, electronic signature and billing address,
• Of a personal nature: marital status, date of birth, nationality, sex, profession, occupation, country of birth, name of the workplace and confirmation if you are considered a politically exposed person
• Of an economic-financial nature: bank details, credit history, tax information, credit cards, patrimonial assets
• Of a social nature: receipt of public service
• Of a sensitive nature: fingerprint, facial recognition, economic income

Sensitive data is collected and used to validate the identification of customers (fingerprint and facial recognition) in the registration process and start of the contractual relationship and is subsequently complemented (economic income) in the due diligence of knowledge of the client's.

Banexcoin will be responsible for the treatment and security of the personal data provided by you or that it collects through the Platform so that customers can access the services provided by us. The personal data collected from its customers will be stored with all the security and confidentiality measures in a data bank of its ownership called: "Bank of personal data of customer", registered in the National Registry of Protection of Personal Data with the code RNPDP N°. 968-2022-JUS/DGTAIPD-DPDP.

For what purposes do we use your personal data?

The personal data that customers provide to Banexcoin, through the Platform, will be used for the following purposes:

1.     Necessary purposes:

1. Access the services provided by Banexcoin

2. Preparation, celebration and execution of the contractual relationship derived from the request and/or contracting of the services provided by Banexcoin through the Platform 

3. For management purposes in the prevention of money laundering and financing of terrorism 

4. Evaluate, control and meet the needs of the contractual relationship 

5. Verify your identity and the veracity of the information you provide to Banexcoin 

6. Prevent or detect fraud or criminal activity and/or to manage and resolve any actual or potential loss in connection with crime or fraud

7. Transfer this information to different areas of Banexcoin when it is necessary for the development of its operations

8. Address and manage claims, complaints, queries and requests made by customers ents through the channels authorized by Banexcoin 

9. Compliance with legal and/or regulatory demands and requirements or those that come from competent authorities

10. Inform customers about changes in the conditions of the services provided by Banexcoin

11. Any other activity of a similar nature to those described above that are necessary for the development of the contractual relationship with our customers 

2.     Additional purposes (commercial purposes). In the event that you grant your consent, your personal data will be processed for the following purposes:

1. Manage the subscription request for a newsletter and send promotions through the direct communication channels used by Banexcoin 

2. Manage customer lists

3. Carry out market studies

4. Carry out advertising and commercial prospecting actions

5. Offer of commercial promotions

6. Record information for statistical or historical analysis

7. Remission (via physical, electronic or telephone means) of advertising, information on offers and/or promotions (personalized or general) of products and/or services 

8. Transfer your data to specialized companies so that they carry out for themselves the treatments indicated in the preceding items (it should be noted that some of these companies have computer servers located outside of Peru, so an international transfer of data will occur) 

If you do not expressly and previously authorize the processing of your data for additional purposes, your personal data will only be used for the necessary purposes indicated in the previous point. With which, the authorization of the use of your data for additional purposes is not a condition to contract any service offered by Banexcoin.

What happens if I refuse to provide my personal data?

Banexcoin collects data in order to comply with its contractual obligations and carry out all activities that aim to comply with legal requirements and requirements.

If you do not provide the mandatory personal data for the necessary purposes, Banexcoin may end your registration process on the Platform and may not provide you with its services. 

Who can access your personal data?

Banexcoin may process the personal data of its customers directly or through providers (national or international), who provide services detailed below.

• Transaction processing

• service Payment gateway service for the processing of purchases made with credit and/or debit cards

• Advertising and communication

• service Identity validation service and "Know Your Client" (KYC)

Likewise, Banexcoin may transfer your personal data, in Peru or abroad, by any means to its allies, partners or commercial suppliers. In any case, you must take into account that your personal data will be shared with third parties for the necessary purposes; if applicable; and, in addition, for additional purposes, provided that you have authorized it, in accordance with the procedures determined by Banexcoin within the framework of its normal operations. 

In this regard, we inform you of the complete list of recipients who may receive your data as data processors or as third-party recipients, you can find out who they are by clicking here. This information will be constantly updated, so that it is available when customers need information about these third parties. Banexcoin will inform you, through authorized channels, if said list has been updated. 

For the aforementioned purpose, Banexcoin complies with guaranteeing that the possible recipients of personal data will carry out their treatment with an adequate degree of protection.

For what period can we keep your personal data?

Your personal data will be stored for up to 2 years after the contractual relationship has ended; Unless, due to legal or regulatory requirement or requirement of any competent authority, said conservation must be carried out for a longer period, in which case, Banexcoin will carry out the storage for the established legal term or for the term required by the authority, if it is the case, if, for example, we are in the framework of an investigation procedure. If there is no legal requirement or requirement of a competent authority, Banexcoin undertakes to eliminate personal data from its records. 

How do we protect your personal data?

Banexcoin has adopted the necessary technical, legal and organizational measures to guarantee the security and adequate processing of the customers personal data, as well as to avoid any improper manipulation, accidental loss, destruction or unauthorized access by third parties. 

In this sense, when Banexcoin shares your data with third parties it will take the necessary measures (for example, contractually), to ensure that your personal data is treated with the same level of protection as that established by the Personal Data Regulations. The data protection rights set forth in this Data Privacy Policy will continue to apply to that data, regardless of the jurisdiction in which it is processed. 

Although Banexcoin does not plan to do so, when personal data needs to be transferred to jurisdictions that do not have personal data protection regulations similar to the Personal Data Regulations, Banexcoin will obtain the prior and express consent of the customers for this to happen and will take the necessary measures as indicated in the preceding paragraph to safeguard the correct treatment of your personal data. 

How can you exercise the rights that the Personal Data Regulation grants you regarding your personal data?

Banexcoin recognizes and guarantees the exercise of the rights of access, rectification, cancellation and opposition (hereinafter, "ARCO Rights'') that the customers, as holders of their personal data; as well as revocation of consent for additional purposes (commercial purposes), submitting your requests through the email [email protected]] or at our offices located at Av. José Pardo No. 434 Office 401, Miraflores, Lima, Peru. 

The requests sent to Banexcoin will not necessarily have a pre-established format, however, in any case they must contain, at least, the following: (i) names and surnames of the owner of the personal data; attaching a copy of the National Identity Document or equivalent, and in case your representative makes the request, additionally, you will be asked to prove the representation or the necessary powers in accordance with the applicable laws, attaching a power of attorney with the legalized signatures or similar document ; (ii) specific request giving rise to the request; (iii) clear description of the personal data linked to the exercise of the ARCO Rights and the express manifestation of the ARCO Right that it intends to exercise; (iv) documents that support the request, if applicable; (v) address, or address that may be electronic; and, (vi) date and signature of the applicant. 

The response time for requests for rectification, cancellation and opposition rights is ten (10) business days. For its part, the request on the right of access has a response period of twenty (20) business days. These terms may be extended only once and for an equal period, provided that the circumstances justify it. Banexcoin undertakes to communicate said decision to the email or address indicated by the owner of the personal data.

The cancellation of personal data will not proceed when they must be kept by Banexcoin by virtue of historical, statistical or scientific reasons, in accordance with the applicable regulations or requirements of competent authorities or due to possible claims against Banexcoin for responsibilities derived from the treatment of such information. In the latter case, the duration of said conservation may not exceed the legal prescription period of said responsibilities.

If the ARCO Rights are not addressed within the established period or are denied, you may appeal to the National Authority for the Protection of Personal Data by way of claim or to the Judiciary to initiate a habeas data action.

Likewise, customers may revoke their consent to the processing of their personal data for additional purposes (commercial purposes) by submitting their requests through the mail and/or at the address indicated in the first paragraph of this clause. 

The requests sent to Banexcoin will not necessarily have a pre-established format, however, in any case they must contain, at least, the following: (i) names and surnames of the owner of the personal data; attaching a copy of the National Identity Document or equivalent, and in case your representative makes the request, additionally, you will be asked to prove the representation or the necessary powers in accordance with the applicable laws, attaching a power of attorney with the legalized signatures or similar document ; (ii) specific request giving rise to the request; (iii) address, or address that may be electronic; and, (iv) date and signature of the applicant. 

Banexcoin, at the request of the customers, will proceed with the revocation and will adjust the processes associated with said request within a maximum period of five (5) business days. 

What other additional aspects should be taken into consideration?

1. Data Protection 

Officer Banexcoin has designated a Data Protection Officer trained to fulfill his task; notwithstanding the foregoing, each of its areas supports said person in charge in fulfilling the functions assigned to contribute to the proper processing of personal data of customers. In no case does this designation imply an exoneration of responsibility of the obligations that correspond to Banexcoin in its capacity as owner of the Bank of personal data of customers.  

The functions assigned to the Data Protection Officer are contemplated in the internal regulations approved by Banexcoin; where some of the detailed below stand out:

• Attention to requests and queries made by customers who hold data or Banexcoin (if applicable), for the exercise of their ARCO Rights or to answer and/or clarify any doubts that you may have regarding any aspect included in this Policy.

• Monitor and follow up on the regulations issued on personal data protection and make recommendations for adjustments to internal regulations or associated procedures adopted within Banexcoin.

• Promote training for Banexcoin on the importance of complying with regulations on the protection of personal data. 

• Evaluate, in conjunction with other areas of Banexcoin (if applicable) any incident related to a possible impact on the regulatory obligations regarding the protection of personal data. 

• Serve as a link and coordinate compliance with the other areas of Banexcoin regarding the protection of personal data.

2. Transfer of Contractual Position

The Client expressly authorizes the transfer of this Policy and its information in favor of any person who (i) is bound by this Policy; and/or (ii) that it is the new person in charge of the database that contains the Customer Information. After the transfer occurs, Banexcoin will not have any responsibility with respect to any event that occurs from the date of the transfer. The new person in charge of the database will assume each and every one of the obligations established in this Policy regarding the treatment, protection and conservation of the information previously detailed.

3. Modifications of the Data Privacy Policy

In response to changes in our services or applicable legislation or due to the continuous improvement of Banexcoin, we expressly reserve the right to modify, update or complete this Policy at any time.

Any modification, update or extension produced in this Policy will be immediately published on the Platform, and customers, as holders of their personal data, must check these terms regularly to consult the changes that may have existed and how they may affect them. 

It is your responsibility to stay informed of our Policy, so each time you use our Platform, you should consult our Privacy Policy.

4. Attention to Concerns

If you have any concerns, as well as any suggestions regarding our Policy, and your rights and obligations arising from it or any other section of the Site  https://www.banexcoin.com/ or write to us at[email protected]

Cookies Policy

In Banexcoin we use cookies to make our website faster and more efficient allowing us to provide you with a quality service, which is why we want to provide you with more information:

What are cookies?

Cookies are small text files located in the browser directory of your computer or mobile device. When you visit a website, information is sent to the browser that then creates the cookie. Every time you visit the same website again, it accesses the information stored in the cookie.

What are cookies for? Cookies are used for several reasons:

• They help our website remember your preferences
• Help improve information search functionality
• They help monitor website performance

Some cookies are essential to allow the website to function properly. Banexcoin uses the information collected from cookies to evaluate the effectiveness of our Site, analyze trends and administer the Platform. The information collected from cookies allows us to determine things like which parts of our Site are the most visited and the difficulties that our visitors may have to access our Site. From time to time, we will conduct tests on our website to see how our visitors respond to different design elements.

Cookies also allow us to track our analysis of the website. It is of great importance for us to know how many visitors we receive, where they are visiting, what are the most popular pages, and what time of day has the greatest or least number of visitors.

Security Policies

For the security of the Customer, it is necessary that you use some method of authentication of multiple factors (at least two forms of authentication), this to access your Banexcoin Account and perform operations on the Platform. In no case will Banexcoin be responsible for the given use of the forms of authentication by the Customer or by any third party. The Customer guarantees that he has taken the respective security practices when accessing the Platform, Banexcoin is not responsible for the Customer being a victim of Phishing, neglecting their access keys, providing them to third parties or any other type of negligence incurred by him, nor will he be responsible, in any case, for acts of third parties that affect the internet connection, the Banexcoin computer platform or the acts or form of authentication chosen by the Customer, or for any similar acts or events, of which the Customer releases to Banexcoin, on any evident fact that could correspond to him by this concept.

In addition to the credentials or passwords generated through our platform, which the Customer manages, and which are confirmed through email or cellular text messaging service (SMS), as an additional security measure Banexcoin recommends the use of forms of authentication of multiple factors, such as two factors (2FA), for which it is suggested to download the Google Authenticator application (downloadable on Android or iOS). However, Banexcoin declares that it does not assume any responsibility for the correct operation of said application and in the event that the Customer decides to install it on a device (for example, phone or tablet), it does so at its own risk and responsibility. Banexcoin will not be responsible for the leakage or loss of funds or information, as a result of the use of a 2FA application on a device whose operating system has been altered by Jailbreak (iOS) or Root (Android).

At all times it is the responsibility of the Customer to maintain the integrity of their data and protected personal information, not to share or provide their identification data to third parties, as well as to ensure that when using the Platform, they enter their data or credentials at the secure address https: //www.banexcoin.com/. The official Banexcoin site has an EV SSL certificate which allows to assure the Customer that he is in the right place, the certificate can be seen as a green box in the upper left corner of his browser, with a small padlock. Therefore, access to the official Banexcoin site is the responsibility of the Customer, without Banexcoin being responsible for, or can assure, that the site is secure. It is recommended that the Customer keep the passwords of the multi-factor authentication methods confidential and in different locations. The Customer also accepts that it is his responsibility to maintain the confidentiality of his credentials, passwords and means of authentication. Banexcoin has adopted the necessary security measures to guarantee the protection of Customer information and prevent adulteration, loss, consultation, use or unauthorized or fraudulent access to the data entered. Banexcoin employs various security measures to prevent unauthorized access. Nonetheless, Banexcoin cannot be responsible for the leakage or loss of either information or funds derived from lack or any error in confidentiality by the Customer or any other act or fact, of any nature, attributable to the Customer.

In the case of loss / loss of the credentials of access to the Platform by the Customer, the recovery process of the Customer code or password will only be carried out through the steps that Banexcoin has designated for this, taking into account the highest standards of security. This process can only be initiated by the Customer and never by Banexcoin. Banexcoin will never ask any Customer, under any circumstances and by any means (mail, email, social networks, telephone, SMS, etc.) to reveal the credentials you use to access your Banexcoin account. The Customer will not provide his access credentials to the Platform to another person under any circumstances. Banexcoin, however, may have access to the Customer in the cases and circumstances provided in these Terms.

Banexcoin understands as valid all the operations that the Customer performs after having logged into his account, stating, but not limiting, for example, purchase or sale positions, transfers or any use of the services provided on the Platform. Through these Terms, the Customer accepts that he is responsible for his actions related to the Platform and is bound, without any responsibility for Banexcoin, with the obligations acquired for payment or delivery or the charges or losses that may arise as a result of, or in relation with, a posture or transfer that is made in the Platform through your Banexcoin Account through the use of the login credentials, as well as the authentication processes that could be associated. Only by accessing the Banexcoin site and ordering or celebrating any operation in terms of it (even if a third party makes inappropriate use of the Platform on behalf of the Customer), the Customer undertakes to respond to the obligations that are attributable or incurred, referring to these Terms. The Customer will assume by means of patrimonial responsibility by any of his obligations referring to these Terms. In this sense, Banexcoin reserves the shares, either equity or legal, in the exercise of its rights in case of any damage generated by the Customer.

It is the Customer's responsibility to notify Banexcoin if they believe or suspect at any time that their account or credentials may have been compromised, or if a third party is acting on their own with or without their authorization, for which they must notify email [email protected] In addition, the Customer undertakes to take all necessary measures or provide the required information requested by Banexcoin in relation to any of the aforementioned actions.

Implied Risks

There may be additional risks that we have not foreseen or identified in our Terms of  Use. The Customer must consider that the cryptocurrency trade is an activity that entails risks from the point of view of their own finances, since it is probably susceptible to bubbles or loss of confidence, this could cause the demand to collapse in relation to the supply, affecting its price in a very noticeable way. Cryptocurrency confidence is subject to variations in markets directly related to volumes and volatility due to the supply and demand of the actors participating in these instruments, which in turn are subject to the jurisdictions in which they operate. , to limitations or actions of any government or legal entity where the crypto market works, or to unexpected changes implemented by software developers, crypto equipment or others. Confidence could also be affected due to technical or fundamental problems. That is why we recommend that our Customers evaluate their financial situation thoroughly and evaluate and assess the levels of risk they may face when exchanging (buying or selling) crypto assets.

Specific Policies for customers

Phishing is the act of sending an email posing as an established and legitimate company in an attempt to scam the customer into handing over confidential information to be used for identity theft, compromise of bank accounts and / or wallets of cryptocurrencies.

We never request personal information via email and / or calls Banexcoin wants our customers to know that we will NEVER ask for personal information such as national identification document numbers, credit cards, bank accounts and / or cryptocurrency wallets.

If you ever receive an email and / or call allegedly from Banexcoin requesting this type of information, DO NOT RESPOND and notify us immediately.